If you or a family member has been diagnosed with mesothelioma or asbestos-related lung cancer, you may be wondering what to do next. Medical providers will help you develop a plan to fight back against the diseases and extend your life expectancy as much as possible.
But what about the costs of treatment for mesothelioma and lung cancer? What about the lost wages from being unable to work? What about the unfairness of being exposed without warning to asbestos-containing products that companies knew would harm you? What about compensation for your family? These are things legal action may be able to help you with. Pond Lehocky can give you a free mesothelioma case evaluation.
Main Types of Asbestos-Related Legal Claims
Here are the main types of claims that people with asbestos-related illnesses can make.
Personal Injury
The most common type of legal claim for asbestos-related mesothelioma and lung cancer is a personal injury lawsuit. A personal injury lawsuit allows the person who has been diagnosed to bring a suit against the party at fault to receive financial compensation for the harm suffered.
A personal injury lawsuit may be brought against an employer, a manufacturer of asbestos-containing products, or both, depending on the circumstances. The injured party may be able to recover from medical expenses, lost wages, pain and suffering, and other harm suffered.
Wrongful Death
In the unfortunate situation that a loved one has passed away from mesothelioma or asbestos-linked lung cancer, surviving family members may be able to file a wrongful death lawsuit. A wrongful death lawsuit allows the family of someone whose death was wrongfully caused by another, as in many asbestos-related cases, to file suit for the loss.
Like personal injury claims, wrongful death claims are typically brought against the deceased’s employer and/or the manufacturer of the asbestos-containing product. Wrongful death claims acknowledge and compensate for the pain, suffering, and often financial harm that a family suffers when a loved one passes away due to the wrongful conduct of another.
Bankruptcy
Due in full or in part to the asbestos-related lawsuits, over 100 companies have filed for bankruptcy. Fortunately, these companies were required to create asbestos trust funds. These funds are essentially pools of money put aside only for victims of the company’s asbestos-related wrongdoing.
It can take years for asbestos-related diseases to develop, so these pools help ensure that there is money to compensate victims. Filing a bankruptcy claim for compensation from the trust is a good option when the company in the wrong has declared bankruptcy.
Should You File an Asbestos-Related Claim?
Many people who have been diagnosed with mesothelioma or asbestos-related lung cancer struggle with deciding whether to pursue a lawsuit or other legal action. Common reasons people file legal action are to have justice, obtain payment for medical treatment, receive compensation for their pain and suffering, and ensure that family members are taken care of.
Whether or not you should file an asbestos-related lawsuit or claim is a personal decision. However, we strongly recommend that you speak with a law firm to learn what your options are, as well as knowing the deadlines for exercising those options. It is important to obtain a consultation as soon as possible because there are strict timelines for filing claims for mesothelioma and lung cancer after you have been diagnosed.
Free Mesothelioma Case Evaluation
If you would like to learn more about your legal options regarding your or a family member’s mesothelioma or lung cancer, contact us here to schedule a free consultation.
